Requests for Prosecutorial Discretion

On June 17, 2011, Immigration and Customs Enforcement (ICE) announced that it would no longer be seeking deportation in low priority cases. ICE attorneys and officers have a broad authority to exercise discretion in deciding who to detain, to place in removal proceedings, grant deferred action as well as when to terminate removal proceedings and execute a final order of removal. If you are facing removal, or the subject of a final order of removal, it may be possible to submit a request for prosecutorial discretion and stop your deportation.

Attorney Alex Solomiany provides knowledgeable and experienced representation to clients facing removal. From his office in Miami, Florida, he offers a valuable initial consultation where he will review your case, answer your questions and give you a straightforward assessment of your chances at avoiding removal.

Low Priority and High Priority Cases

Prosecutorial discretion is used to close deportation/removal cases that ICE considers to be a low priority. What constitutes a low priority varies from case to case. In making this determination, ICE may consider the following:

  • Person's length of residence in the United States;
  • Family ties in the United States;
  • Immediate family members in the United States who are permanent residents or U.S. citizens;
  • Age at the time of entry into the United States;
  • Person's pursuit of education in the United States;
  • Service in U.S. Armed Forces;
  • Lack of criminal history;
  • Immigration history;
  • Poses no threat to national security or public safety;
  • Conditions in individual's home country; and
  • Likelihood of being granted temporary or permanent status in the future.

If you are currently facing deportation, Mr. Solomiany can guide you through the process of requesting prosecutorial discretion. He is Board Certified in Immigration and Nationality Law by the Supreme Court of the State of Florida. This certification recognizes his knowledge and skill in the area of immigration and nationality law.

Discuss Your Deportation With a Board-Certified Immigration and Nationality Attorney

To arrange a consultation with experienced Florida lawyer Alex Solomiany, call 305.373.1105 or contact the firm online. The Law Offices of Alex Solomiany, P.A., is located on 999 Brickell Avenue PH1102 Miami, FL 33131.